A federal appeals court has ruled that Michigan Attorney General Dana Nessel’s lawsuit seeking to shut down part of Enbridge’s Line 5 pipeline should be heard in state court, dealing a setback to the Canadian energy company’s efforts to keep the case in federal jurisdiction.
On Monday, June 17, 2024, a three-judge panel from the 6th U.S. Circuit Court of Appeals determined that Enbridge had missed the deadline to transfer the case from state to federal court by more than two years. The panel, consisting of Judges Richard Griffin, Amul Thapor, and John Nalbandian, ordered the case to be returned to state court.
Nessel filed the lawsuit in June 2019, aiming to revoke a 1953 easement that allows Enbridge to operate a 4.5-mile segment of Line 5 beneath the Straits of Mackinac, which connect Lake Michigan and Lake Huron. The attorney general’s office has argued that the pipeline poses a significant environmental risk to the Great Lakes.
“The Straits of Mackinac are a vital economic and natural resource to Michigan, and we will not risk the Great Lakes, regional economy and way of life for the benefit of a foreign oil company,” Nessel said in a statement following the court’s decision.
Enbridge has maintained that Line 5 is safe and crucial for energy security in the region. The company has proposed encasing the pipeline segment in a protective tunnel beneath the straits to address safety concerns.
The legal battle over Line 5 has broader implications for energy policy and environmental protection in the Great Lakes region. According to the Michigan Department of Environment, Great Lakes, and Energy, Line 5 transports up to 540,000 barrels of light crude oil and natural gas liquids per day from Superior, Wisconsin, to Sarnia, Ontario.
Environmental groups and Native American tribes have long opposed the pipeline’s operation, citing the potential for catastrophic oil spills in the ecologically sensitive Straits of Mackinac. The Sierra Club’s Michigan Chapter has stated that a rupture in Line 5 could impact over 700 miles of Great Lakes shoreline.
The case’s return to state court is seen as a victory for pipeline opponents. Earthjustice, an environmental law organization representing several tribes in related legal actions, welcomed the decision. “This ruling affirms that Michigan has the right to protect its waters and tribal treaty rights from the threats posed by Line 5,” said Earthjustice attorney David Gover.
Enbridge spokesperson Ryan Duffy did not respond to requests for comment on the court’s decision.
The ruling does not address the merits of Nessel’s lawsuit but rather focuses on the jurisdictional dispute. The case will now proceed in Michigan state court, where it was originally filed.
This development occurs against the backdrop of ongoing disputes between Enbridge and the state of Michigan. In November 2020, Governor Gretchen Whitmer ordered Enbridge to cease operations of Line 5 by May 2021, citing violation of the public trust doctrine and the risk to the Great Lakes. Enbridge has continued to operate the pipeline, arguing that only the federal government has the authority to order a shutdown.
As the legal battle continues, the future of Line 5 remains uncertain, with significant implications for energy infrastructure, environmental protection, and tribal rights in the Great Lakes region.
Citations:
[1] https://michiganadvance.com/2024/07/09/judge-denies-request-to-dismiss-enbridges-case-against-whitmer-over-line-5-easement/
[2] https://www.reuters.com/legal/litigation/michigan-ags-bid-shut-down-enbridge-pipeline-sent-back-state-court-2024-06-17/
[3] https://www.michigan.gov/egle/about/featured/line5/overview
[4] https://apnews.com/article/michigan-line-5-pipeline-lawsuit-appeals-court-6cc5b9a17f248db815cf7c62b8a567d2
[5] https://narf.org/cases/enbridges-line-5-pipeline/
[6] https://www.sierraclub.org/michigan/Line5
[7] https://www.michigan.gov/ag/news/press-releases/2024/06/17/federal-appeals-court-remands-ag-nessel-line-5-lawsuit-back-to-state-court
Last modified: June 20, 2025
